Privacy Policy

FIFTH CLOTHING PRIVACY POLICY Last Updated: May 4, 2016

By visiting the website owned or operated by Fifth Clothing LLC ("Fifth Clothing," "we," "us" or "our") and located at the urls http://fifth.life, http://www/fifth.life, http://thaflynation.com (the "Site"), you agree to accept the practices described in this privacy policy (the "Privacy Policy"). If you do not agree to the terms of this Privacy Policy, please do not use the Site. Fifth Clothing reserves the right to modify this Privacy Policy at any time, so each time you use the Site, you should check the date of this Privacy Policy (which appears above) and review any changes that have been made since your last visit to the Site.

We want to develop relationships with our customers based on respect and integrity. We are aware of the trust and confidence you demonstrate when you visit the Site and provide us with information. This Privacy Policy is posted to demonstrate our commitment to protecting your privacy online.

A. Information You Directly and Voluntarily Provide to Us: We collect the following types of personal information (collectively, "Personal Information") that you voluntarily provide through the Site.

Personal Identifiers. A "Personal Identifier" is information that can be used to identify and/or contact a natural person and includes name, postal address, telephone number, email address, credit card information and paypal account information. Personal Identifiers are collected when you create a user account, place an order through the Site, or when you communicate with any of our departments such as customer service, sales or technical services. Other Personal Information. "Other Personal Information" is information combined with Personal Identifiers voluntarily provided by users of the Site that may include demographic information (for example, gender, age, marital status, occupation, income, or demographic information pertaining to the members of a user's household), purchase history or correspondence sent to us through the Site.

B. Information That We Automatically Collect From Your Computer: We (or service providers on our behalf) may automatically collect information from you using "cookies" or "web beacons". Cookies are small amounts of data that are stored within your computer's Internet browser and that are accessed and recorded by the websites that you visit, as well as by the companies that place advertising on websites, so that they can recognize the same browser navigating online at a later time. Web beacons are web page elements that can recognize certain types of information on your computer such as cookies and the time and date of a page viewed.

Information collected by cookies and web beacons may include, without limitation:

- the pages you visit within the Site; - the date and time of your visit to the Site; - the websites you visit before or after visiting the Site; - the Internet Protocol (IP) address used to connect your computer to the Internet; - your computer and connection information such as your browser type and version, operating system and platform; - whether you open and whether you click on any link contained in an email message that we send you; and/or - your purchase history.

We may use data gathered automatically from your computer to help us recognize you as a previous visitor to the Site, to serve relevant online advertising to you or to analyze trends and statistics to improve your experience of the Site. You can set -your browser to reject cookies or to notify you when you are sent a cookie. You can also purchase and download software that will allow you to visit the Site without providing the information gathered by cookies. You are welcome to use the Site if you use such software, but your experience while visiting the Site may not be optimal.

2. Registration

We encourage you to register when shopping at the Site, however registration is not required to make purchases through the Site. As part of the registration process, you will be required to provide your name, postal address, telephone number and e-mail address. You will also be required to create a password. You must be 13 years of age or older to register. Registration helps us to provide you with a quick and simple checkout experience. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password. You are responsible for all use of the Site accessed through it.

3. Third Parties' Use of Web Beacons and Web Cookies:

The Site may include third-party advertising, links to other websites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective websites to the Site.

We do not have access to or control over web beacons or cookies that these third parties may use. We are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites you visit.

Some third-party advertising companies may provide a mechanism to opt-out of their technology. For more information about the opt out process, you may visit the Network Advertising Initiative website, available at http://www.networkadvertising.org/managing/opt_out.asp.

4. Use of Information Collected By Us. We use the information described above to process and fulfill any orders you place through the Site, including to send you emails to confirm your order status and shipment, to communicate with you and to send you information by email, postal mail, telephone, text message or other means about our products, services, contests and promotions (unless you have directed us not to contact you with promotional communications), or for other purposes as disclosed to you at the point of information collection. We may also use this information to help us develop and improve our Site, and to tailor our Site to your interests.

5. Sharing of Information with Third Parties. We will not rent, sell or otherwise disclose your Personal Information to unrelated third parties without your consent, except as stated in this Privacy Policy.

A. Service Providers: We may employ other companies or individuals ("Service Providers") to provide certain services to or on behalf of us such as operating and supporting the Site, fulfilling orders you place through the Site, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf and are required to provide your Personal Information with at least the same level of protection and security as we use on the Site. Such Service Providers are prohibited from using your Personal Information for any purpose other than the purpose for which the applicable Service Provider was engaged by us and/or as stated in this Privacy Policy. Any Service Providers that use data received from us may only do so in accordance with this Privacy Policy.

B. Payment Companies: If you place an order through the Site, the information you provide will be transmitted to your credit card company or Paypal to verify and authorize your purchase.

C. Third Party Marketing Partners: We may share aggregate information that does not identify you personally with third party marketing partners that we believe offer products or services that may be of interest to you. We note that, while the aggregate data we provide will not identify you personally, in some instances third parties may be able to "de-anonymize" aggregate data to identify you personally based on additional information they have about you or that they receive from third parties. While we do not intend for third parties to de-anonymize the aggregate data we provide, if you are concerned about potentially being personally identified by our third party marketing partners you should not use the Site. We will not share any Personal Information which you have given us with any such third party marketing partner(s).

D. Shipping Providers: If you make a purchase through the Site, your name, telephone number and shipping information must be provided to third party shippers such as UPS, FEDEX and the United States Postal Service to deliver your purchase.

E. Third Party Transaction-Level Data: If you visit the Site from a third-party website the third-party website may be able to access select information from your individual transaction information. In order to track and credit your transaction the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Site. Any transactions made at the Site while such a code is active will be reported back to the third party website. We will only report non-Personal Information to these websites such as the date of the transaction, the product(s) purchased and the amount spent. We will not report any information to these third party websites that will allow them to personally identify you. The presence of a third party navigation bar at the top of any page on the Site is an indication that the third party website may be able to see your activity on the Site.

F. Law Enforcement and Protection of Users: To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates or customers. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.

6. Additional Privacy Protections for Children Using the Internet. The Site is a general audience website and is not directed to children under the age of 13. We will never knowingly collect Personal Information from children under the age of 13 without verifiable parental consent. If you are under the age of 13, please do not provide us with Personal Information of any kind whatsoever. If we become aware that a user is under the age of 13 and has submitted Personal Information without verifiable parental consent, we will remove his or her Personal Information from our files. We understand that children may not fully understand all of the provisions of this Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit.

7. Security. We use appropriate security measures to protect against the loss, misuse or alteration of your Personal Information. All pages within our checkout process and areas containing Personal Information are secured using SSL (Secure Socket Layer) technology, which encrypts data between our computer and yours. No computer system is fully secure, however, and there are inherent risks associated with Internet transactions. To make sure your Internet browser is using the latest security features, you may want to download the most recent version of it, which should have full SSL support.

8. Corrections/Information Removal/Opt-Out. If your name, e-mail or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information by contacting us atlegal@fifth.life. In addition, if you no longer wish to receive promotional communications from us you may opt-out by emailing us atlegal@fifth.life, or by clicking on the unsubscribe link within any marketing e-mail you receive from us.

9. Contact Information. If you have any questions or concerns about this Privacy Policy, please e-mail us atlegal@fifth.life.

10. Business Transfer. In the event that Fifth Clothing is sold, has its assets acquired or transferred, whether voluntarily or involuntarily, or merges or becomes affiliated with any other division, individual or entity, any customer information owned or under the control of Fifth Clothing may be one of the transferred assets. We reserve the right, as part of such transaction, to transfer or assign the Personal Information and aggregate information we have collected from users of the Site.

11. Limitations On Liability. IN NO EVENT WILL Fifth Clothing OR ITS PARENT, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR the related PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Fifth Clothing OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Use of Information Outside of Your Country of Residence. By using the Site, you hereby consent to the collection, transfer, storage, processing, and other use of your Personal Information in the United States. You acknowledge that your Personal Information and other information may be subject to the privacy and data protection laws and regulations of the United States, which may not be the same as such laws and regulations in your country of residence.

13. Governing Law. This Privacy Policy and any disputes relating hereto are governed by the laws of the State of California without regard to principles of conflicts of laws, and by using the Site, you consent to the exclusive jurisdiction of the state and federal courts in California for resolution of any disputes relating to this Privacy Policy and/or the Site and waive any objection thereto.